Michael Chin and Julie Hedrich Chin - Page 10




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          Given these facts, no business activity was conducted by anyone             
          at the Sherman Oaks Property in 1997.                                       
               Although there was little or no business activity during the           
          years at issue, petitioner had entered into a lease for the                 
          property, paid rent, and had some type of informal understanding            
          or arrangement with his brother relating to the Skin Service                
          Club.  These facts, at least in form, suggest the expectation of            
          possible business activity.  However, according to the record and           
          in substance, petitioner’s rent payments merely benefited                   
          petitioner’s brother and mother.  Petitioner’s brother was                  
          provided with a place to operate various of his business                    
          ventures, and petitioner’s mother received monthly income                   
          payments.  In addition, petitioner has not shown any relationship           
          between the rent payments and any income-producing activity of              
          petitioner, including his medical practice.  Although                       
          petitioner’s rent payments reflect his generosity to his family,            
          they fall short of the section 162 standard for deductibility.              
               Accordingly, we hold that petitioner did not conduct any               
          business activity at the Sherman Oaks Property during 1994 or               
          1997.  We further hold that petitioner’s relationship to his                
          brother and/or the Skin Service Club does not provide a basis for           
          petitioner to claim a deduction for rental expenses on his                  
          personal Schedule C.  Any business activity that did occur at the           
          Sherman Oaks Property during the years at issue could only have             







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